Published AAO appeal decisions

A caviar business owner claiming extraordinary ability sought EB-1A classification based on sustainable aquaculture practices. The AAO dismissed the appeal, finding the petitioner failed to meet the major award threshold or three alternate criteria. Membership criterion was not met due to lack of documented personal membership; original contributions criterion failed as company success alone does not demonstrate field-wide significance.

Employer sponsored data science associate in financial services for EB-2 NIW. Beneficiary proposed continuing work in AI, anti-money laundering, and data visualization. AAO dismissed, finding endeavor has substantial merit but lacks national importance; letters contained general assertions without specific evidence of field-wide impact or innovation.

Sales manager with advanced degree sought EB-2 NIW. AAO held the proposed endeavor lacks national importance despite substantial merit; petitioner failed to demonstrate prospective national impact or substantial economic effects beyond local operations, failing Dhanasar prong one and thus the waiver.

A petroleum and industrial engineer self-petitioned for EB-1A extraordinary ability. He claimed five criteria but failed to establish three required criteria: awards lacked sufficient documentation, membership was abandoned, and scholarly articles did not meet plain language requirements. The AAO dismissed the appeal, finding no evidence of sustained national or international acclaim.

A tattoo artist sought extraordinary ability classification under EB-1A. Though the petitioner met three initial criteria including judging and exhibitions, the AAO found the evidence did not demonstrate sustained national or international acclaim or membership in the very top of the field despite support letters and competition awards.

Entrepreneurial producer and director in information technology seeks NIW for EB-2 exceptional ability classification. Petitioner met only one of six regulatory criteria; three required. AAO held petitioner categorically ineligible for EB-2, so NIW determination not reached.

Sales and marketing specialist from Kuwait/Jordan seeking EB-1A extraordinary ability. Petitioner claimed six criteria including awards, published material, and original contributions. AAO found only leading critical role met. Serious credibility issues and lack of corroboration for claims prevented satisfaction of three required criteria.

Physical therapist seeking EB-1A extraordinary ability claimed original contributions, leading role, and high salary criteria. AAO dismissed because petitioner met only one criterion; original contributions lacked demonstrated major significance and organization lacked distinguished reputation.

A general and operations manager claimed EB-1A classification in business based on seven criteria. The AAO found the petitioner abandoned all arguments on appeal by failing to address the director's concerns, concluded no criterion was met, and dismissed the appeal for lack of extraordinary ability.

Financial advisor and consultant claiming extraordinary ability. Met three EB-1A criteria per Director, but AAO withdrew two determinations and affirmed denial on final merits analysis. Totality of evidence does not demonstrate sustained national or international acclaim required for extraordinary ability.

A pilot and aviation consultant sought EB-1A extraordinary ability classification. He claimed three criteria but failed to establish any. Pilot certification is not association membership; employer companies lack documented distinguished reputation; salary evidence compared pilots not consultants. AAO dismissed, finding insufficient initial evidence.

A business manager seeking EB-2 with national interest waiver for her financial management company failed to show national importance. Despite claims about financial literacy programs and addressing economic challenges, she presented no evidence of broader field impact or unique innovation commensurate with national importance.

An event planner and manager seeks a national interest waiver to establish an event management company in Florida. The AAO dismissed the appeal because the petitioner failed to demonstrate the proposed endeavor has national importance, lacking specific evidence of substantial economic effects, job creation at regional or national scale, or broader field impact.

Pharmacy business owner sought EB-2 NIW classification with advanced degree. Petitioner claimed endeavor in economically depressed area would create jobs and benefit U.S. economy. AAO held proposed endeavor lacks national importance because specific store locations unestablished, impact limited to immediate company and clients, and generalized industry information does not demonstrate broader implications.

Blockchain engineer seeking EB-2 NIW classification for exceptional ability. Failed to satisfy at least three of six regulatory criteria for exceptional ability, including membership in professional associations, salary evidence, and recognition for significant contributions to industry. Underlying EB-2 eligibility not established.

A computer vision engineer with Master's in electrical and computer engineering sought national interest waiver for EB-2 classification. AAO found proposed AI research had substantial merit and national importance but concluded petitioner lacked sufficient record of success, detailed plan, or financial means to advance the endeavor.

A mechanical engineer and business manager sought NIW for a consulting company serving small and medium-sized enterprises in paper coil products. The AAO dismissed the appeal, finding the proposed endeavor lacked national importance because impacts would not extend beyond individual client companies to benefit the field broadly.

Employer-sponsored NIW petition for beneficiary machine learning engineer. Claimed national importance through AI and cybersecurity technologies enhancing gaming platforms. AAO held STEM field and worker shortage insufficient; specific endeavor lacks broader implications beyond employer's clients; no substantial positive economic effects demonstrated.

An aviation professional and certified flight instructor sought EB-2 national interest waiver to train future pilots and enhance airline operations. The AAO affirmed denial, finding the proposed training endeavor lacked national importance despite the aviation industry's significance; the petitioner focused on personal expertise rather than demonstrating broader field impact or effects in economically depressed areas.

An EB-2 advanced degree holder sought a national interest waiver for a STEM research endeavor. The AAO dismissed the appeal, finding the proposed research had substantial merit but lacked national importance because the evidence did not demonstrate sufficiently broad impact beyond the individual's work.

Exercise physiologist and entrepreneur seeking EB-2 with national interest waiver to operate wellness clinic promoting exercise physiology in healthcare. Service center approved advanced degree qualification but AAO dismissed because proposed clinic endeavor lacks demonstrated national importance beyond patient benefits.

Sports journalist claimed three EB-1A criteria. AAO found broadcast journalism evidence comparable to artistic exhibitions criterion. Leading role claim failed because award lacked national or international recognition. Only two criteria met; three required, so appeal dismissed without final merits determination.

Professional snooker and pool player self-petitioner sought EB-1A extraordinary ability. AAO affirmed Service Center denial, finding only one of three claimed criteria met; helping establish snooker academy in Pakistan lacked national or international scope for major significance.

Petroleum engineer with advanced degree sought EB-2 national interest waiver for work on hydraulic fracturing fluid technologies. Petitioner's endeavor had substantial merit but lacked required national importance. Decision distinguished between employer significance and specific endeavor impact, finding insufficient evidence of prospective impact directly attributable to petitioner's work.

An employer petitioned for an EB-2 national interest waiver for a financial manager proposing to establish an alcoholic beverage trade company with cultural activities. The AAO found the proposed endeavor had substantial merit but lacked national importance, as projected job creation and economic benefits were insufficient to demonstrate broader economic impact. Appeal dismissed.